Waves, circles, and colour combinations inspired by wallpaper – what sounds peculiar at first is a serious legal dispute in design law currently being heard at the Munich Regional Court I (LG München I).
Paulaner Brauerei Gruppe filed the lawsuit against its competitor Berentzen (Reference Number 33 0 14496/24). The dispute involves 250,000 euros and revolves around the question of whether the label design used by Berentzen for their beverage “MIO MIO Cola + Orange” is too similar to the label design used by Paulaner for their beverage “Spezi” and, therefore, might not be distinguishable to customers.
Paulaner states that the circles used by Berentzen on their label design are too similar to the waves already used by Paulaner – as well as the colors. Paulaner Brauerei Gruppe sees this as an infringement of a protected colour trademark.
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What is the Legal Classification of the “Spezi” Design Rights Dispute? | Trademark and Design Law in Germany
The proceeding is quite fascinating: Under German trademark law, virtually anything, including colours or even scents, can be protected as a trademark.
- The prerequisite is that the trademark must be distinctive.
Therefore, the trademark must stand out for the product or service for which it is registered in a way that allows products to be clearly assigned to individual trademarks.
When consumers see the Spezi label design (waves + colour combination), they can easily associate the design with “Spezi.” The Paulaner Brauerei Gruppe now fears that consumers might mistake Berentzen’s label design (circles + colour combination) for “Spezi.”
In this case, Paulaner does not rely on German Trademark Law but instead on German Design Law. Here, designs rather than trademarks are registered.
- A design can be registered (and thus be worthy of protection) as soon as it is new and possesses individual character.
Paulaner states that Berentzen violates their registered design for the label design and additionally uses a colour they have registered as a trademark.
Berentzen, on the other hand, sees it quite differently: They argue that colourful label design is common for cola-mix beverages, and it would therefore be absurd to associate “MioMio” with “Paulaner “or “Spezi”. Moreover, the circles on “MioMio” beverages clearly differ from the waves on “Spezi” beverages. Furthermore, the marketing director of Berentzen claims that he got the inspiration for the design from the wallpaper of his old dorm room.
The “Spezi” Design Rights Dispute: What Is Going to Happen Next?
Ultimately, the decisive factor for the dispute’s outcome will likely be whether Berentzen has (its own and older) counter-rights. In other words, whether registered rights in the form of design or trademark exist (that Berentzen violates) and whether, as a result, a likelihood of confusing the two beverages based on their label design exists for the customers or not.
“It could go either way,” said presiding judge Vincent Mayr at the end of the oral hearing, according to dpa. He plans to announce his decision on August 5, 2025.
For questions concerning German Trademark or Design Law and all other matters in the field of Intellectual Property Protection, our experienced team at Schlun & Elseven Rechtsanwälte is at your service. With many years of expertise in this area, we are happy to help you and develop a customised solution for your legal challenge.
